Articles Tagged with nursing home attorneys

Influenza Outbreak

Flu season and seasonal outbreak of influenza and cold virus infection as a medical health care concept with a calendar background and three dimensional human disease cells.

Severe and Fatal Illnesses Caused by Influenza Outbreaks in Nursing Homes

Each year, the flu continues to be one of the deadliest illnesses in the United States, with the elderly affected most severely. More than 7.3 million flu cases in adults aged 65 years and older were tracked in 2018, according to the Centers for Disease Control (CDC). Many of these patients were also residents of nursing homes and care facilities responsible for following an influenza vaccine plan before the season begins in September and administering the vaccines throughout flu activity. Unfortunately, many nursing homes and long-term care facilities are not necessarily prepared for the program designed to also prevent a deadly flu outbreak among residents and staff.

Arbitration Agreement

FAIR Act Bill Has Passed the House, Now Headed to the Senate

On Friday, September 20, lawmakers in the House voted 225-186 to pass the Forced Arbitration Injustice Repeal (FAIR) Act, introduced by Rep. Hank Johnson (D-GA) and Sen. Richard Blumenthal (D-CT), with the help of many supporters who look to hold long-term care doers responsible for abuse and neglect. The bill is designed to end forced pre-dispute arbitration in contracts between consumers and corporations, including nursing homes, long-term care centers and assisted living communities.

Moving ahead, the FAIR Act could:

Arbitration Agreement

Forced and Often Rigged, Arbitration Only Helps Companies

Some companies practice forced arbitration by removing its consumers and workers right to file a claim in a public court through formal, signed agreements. As defined by the American Bar Association, arbitration is “a private process where disputing parties agree that one or several individuals can make a decision about the dispute after receiving evidence and hearing arguments.” Similar to what happens in a trial, those involved will present their case along with evidence to the arbitrator. But parties may not have to follow state or federal rules of evidence. Likewise, the arbitrator is not always required to apply the governing law.

Millions are subject to the binding process, according to a new report by the American Association for Justice (AAJ). Truth About Forced Arbitration, calls the process an immunity and effort to allow companies to continue breaking the law. The AAJ collected five years of data on consumer and employment forced arbitrations reported by the nation’s two largest arbitration providers, the American Arbitration Association (AAA) and Jams and concluded these findings.

nursing home abuse and neglect attorneys

Two partners talk about going from student to teacher

This piece was originally published in the Chicago Daily Law Bulletin on August 1, 2019.

By Margaret Battersby Black and Michael F. Bonamarte IV

Chicago nursing home attorney

Leading Lawyers Magazine Features Attorney Margaret P. Battersby Black  

Attorney and Partner at Levin & Perconti, Margaret P. Battersby Black recently appeared in Leading Lawyers Magazine where she led the article by sharing her legal philosophy: to ensure her clients’ wrongs are righted. She continued, “I want to make sure they have a voice,” says Battersby Black, “and that those who take advantage of others are held accountable.”

Margaret grew up in Michigan, alongside family members who ignited her legal career. She says her father, Michael Battersby, also a personal injury attorney, inspired her as he “was always fighting for the underdogs” and his work left an impression on her. She went on to earn her undergraduate degree at the University of Michigan at Ann Arbor and her law degree at Chicago-Kent College of Law.

nursing home workers

National Safety Month: Care Workers Have Right to Safe Workplace 

June is celebrated as National Safety Month. As we emphasize the safety of nursing home residents on the blog each week, this also feels like an excellent opportunity to talk about the struggles nursing home employees can face when overexerted, working on demanding schedules with less staff and performing care duties for violent residents who require greater services. These workers can also become too easily hurt by excessive lifting, lowering, pushing, and pulling while caring for residents because of a lack in injury prevention training and poor enforcement of safe workplace policies.

Nursing homes must follow OSHA standards and provide workers with an environment that does not have any known hazards that cause or are likely to cause death or serious injury. Some of the frequent complaints nursing home workers have of the safety and injury risks related to their job include:

nursing home neglect

Negligence Led to Fall and Untimely Death of Cook County Nursing Home Resident

Pamela Dimo and Margaret P. Battersby Black of Levin & Perconti are representing a woman suing an assisted living facility alleging that an elderly resident was caused to fall and subsequently die due to negligence. The estate of Sarah Robinson filed the complaint on March 29 in the Cook County Circuit Court against Parkshore Estates Nursing and Rehabilitation Center LLC dba Parkshore Estates Nursing & Rehabilitation Center, infinity Healthcare Management of Illinois LLC, Paulette Alexander RN, Thomeka Brown, Juanita Davis LPN and Aishia Shipp LPN, Abigail Sullivan RD, Tijuana Haywood RN and Rachael Nnabuo RN.

According to the complaint:

elder abuse law

The Problem with Easing Regulations That Protect Nursing Home Residents

Several new policies were created to safeguard residents in 2014 setting nursing homes up for better accountability, such as fining violating nursing homes each day until problems were fixed and publicly exposing a facility when residents report care complaints. But since 2016, regulation on the rules nursing homes have to follow in order to collect Medicare or Medicaid dollars has seen a risky overhaul, marking the new administration responsible for the removal of several health and safety regulations essential to protecting residents.

These rules were intended to dictate how nursing homes operate, and the group’s inspections and surveys are designed to spur change and compliance through Centers for Medicare and Medicaid Services (CMS). CMS is the federal agency tasked with the oversight and regulation of over 15,600 nursing homes in the United States. In August 2017, the Department of Health and Human Services Office of Inspector General (OIG) issued an alert that CMS has inadequate procedures to identify and report incidents of abuse or neglect to law enforcement.

best illinois lawyer

Levin & Perconti 2019 Super Lawyers and Rising Stars Selected

Congratulations to Levin & Perconti’s five partners and eight associates selected to the 2019 Illinois Super Lawyers and Rising Stars lists. These honors are reserved for those legal professionals who exhibit excellence in practice. While up to five percent of the lawyers in Illinois are named to Super Lawyers, no more than 2.5 percent are named to the Rising Stars list.

2019 Illinois Super Lawyers

residents' rights month

Part 2: Residents’ Rights Month

October is Residents’ Rights Month, an annual event created by advocates to honor residents living in all long-term care facilities. This is an important time for family members and residents to be reminded of the rights anyone living in a nursing home has, protected by the 1987 Nursing Home Reform Law. In a previous blog post, the nursing home abuse and neglect attorneys at Levin & Perconti reviewed the first half of these rights to ensure readers understand residents must be treated with the same rights as those individuals residing in the larger community. Those rights found in a blog post titled Part 1: Residents’ Rights Month, include the 1) right to be fully informed, 2) right to complain, 3) right to participate in one’s own care, and 4) right to privacy and confidentiality. The remaining four residents’ rights outlined in the reform law include:

  1. Rights During Transfers and Discharges
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